Rights of a Child: A Comparative Study Between Syariah and Civil Law

Abstract

This researcher discusses about the child's right and that every individual in the community should be alert about it. Besides, this researcher also discusses how far the Syariah and civil laws are concerned with regards to this matter. It has been done purposely to distinguish between the Islamic law and civil law. In getting the input or information for this researcher, two methods have been used, through interviews and analysis from the libraries. Beside that, this academic project is to compare the position of child's rights between civil and Syariah Law. The results from the research show that there are many things that must be improved to determine or ensure the concept of a child's right is truly implemented to protect children. Even though, the provisions under the Islamic law are entirely with the detailed discussions, but in the prospect of Syariah Court are many weaknesses that must be revamped compared with the civil Court and the implementations of child's right in both laws are similar but the are differences in the means of implementing it. The reason is the laws have been changing from time to time and proven by the federal government as long as it does not contradict with the Shariah.